IN THE MATTER OF SHARON LOUISE CAPUTO V JAMES RICHARD CAPUTO
Motion No: CAF 21-00190
Slip Opinion No: 2021 NY Slip Op 62983(U)
Decided on March 11, 2021
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


March 11, 2021

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

CAF 21-00190
Docket No. F-988-13/19G
Docket No. F-988-13/19H, I
Docket No: V-6793-19/19A, B

IN THE MATTER OF SHARON LOUISE CAPUTO, PETITIONER-RESPONDENT,

V

JAMES RICHARD CAPUTO, RESPONDENT-APPELLANT.



IN THE MATTER OF JAMES RICHARD CAPUTO, PETITIONER-APPELLANT,

V

SHARON LOUISE CAPUTO, RESPONDENT-RESPONDENT.

—————————————————— ——————-

IN THE MATTER OF JAMES RICHARD CAPUTO, PETITIONER-APPELLANT,

V

SHARON LOUISE CAPUTO, RESPONDENT-RESPONDENT.


Appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeal taken herein from an order of the Family Court, Onondaga County, entered September 18, 2020,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the appeal from the order insofar as it returned the support violation and modification petitions to the support magistrate for further proceedings is dismissed on the ground that it is not an order of disposition appealable as of right with respect to those petitions (see Family Court Act § 1112 [a]), and

It is further ORDERED that the motion is otherwise granted and Philip Rothschild, Esq., Frank H. Hiscock Legal Aid Society, 351 South Warren Street, Syracuse, New York 13202, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Onondaga County Family Court Clerk provide Philip Rothschild, Esq., with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings upon which the appeal is based, and

It is further ORDERED that the record and briefs are to be filed and served within 60 days of the filing of the transcripts with the Onondaga County Family Court Clerk.

Entered: March 11, 2021

Mark W. Bennett

Clerk of the Court